FILED: April 14, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

RONALD NOEL FIGURSKI,

Appellant,

v.

S. FRANK THOMPSON, Superintendent,

Oregon State Penitentiary,

Respondent.

(97C-10487; CA A100195)

Appeal from Circuit Court, Marion County.

Joseph V. Ochoa, Judge.

Submitted on record and briefs March 8, 1999.

Jay Edwards filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Judy C. Lucas, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Wollheim and Brewer, Judges.

PER CURIAM

Appeal dismissed. Barnes v. Thompson, ___ Or App ___, ___ P2d ___ (March 31, 1999).


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